URS DEFAULT DETERMINATION
Shutterstock v. et al.
Claim Number: FA1907001854062
DOMAIN NAME
<shutterstock.pw>
PARTIES
Complainant: Shutterstock Heidi Garfield of New York, NY, United States of America | |
Respondent: WhoisGuard Protected / WhoisGuard, Inc. of Panama Panama, PA | |
REGISTRIES and REGISTRARS
Registries: .PW Registry | |
Registrars: Namecheap |
EXAMINER
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding. | |
Anne M. Wallace, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: July 26, 2019 | |
Commencement: July 29, 2019 | |
Default Date: August 13, 2019 | |
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules"). |
RELIEF SOUGHT
Complainant requests that the domain name be suspended for the life of the registration. |
STANDARD OF REVIEW
Clear and convincing evidence. |
FINDINGS and DISCUSSION
Findings of Fact: Registrant has registered and is using the disputed domain name which incorporates Complainant's SHUTTERSTOCK mark. |
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark: Determined: Finding for Complainant Complainant owns trade mark registrations for its SHUTTERSTOCK trade mark and uses the mark extensively in its business. The domain name merely incorporates Complainant's mark and adds the .pw extension. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Complainant has established prima facie that Registrant has no right or legitimate interest in the domain name .
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The shutterstock.pw, website contains pornographic images and videos. The content is offensive and inappropriate and tarnishes the goodwill associated with Complainant's SHUTTERSTOCK mark. This establishes prima facie that Registrant registered the domain name primarily for the purpose of disrupting Complainant's business by tarnishing the brand. This is bad faith. recognition associated with the Shutterstock Marks. In doing so, the respondent causes reputational harm to Shutterstock by damaging Shutterstock�s relationships with potential customers and suppliers who mistakenly access Respondent�s s FINDING OF ABUSE or MATERIAL FALSEHOOD The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods. The Examiner finds as follows:
DETERMINATION
After reviewing the parties submissions, the Examiner determines that the Complainant
has demonstrated all three elements of the URS by a standard of clear and convincing
evidence; the Examiner hereby Orders the following domain name(s) be SUSPENDED for
the duration of the registration:
|
Anne M. Wallace Examiner
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